138-85 ORDINANCE NO. 138-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORID/., AMENDING CHAPTER 30, "ZONING",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SECTION 30-3,
"LAND DEVELOPMENT APPLICATION FEES", TO PROVIDE A
FEE SCHEDULE FOR LAND DEVELOPMENT PROCEDURES; BY
AMENDING SECTION 30-21, "CONDITIONAL USES" BY
AMENDING SUBSECTION 30-21(C)3 TO DELETE REFERENCE TO
THE APPLICATION FEE, BY AMENDING SUBSECTION 30-21(F),
"MODIFICATION OF APPROVED CONDITIONAL USE", TO
DELETE REFERENCE TO THE APPLICATION FEES; BY AMEND-
ING SECTION 30-22, "SITE DEVELOPMENT PLAN APPROVAL",
BY AMENDING SUBSECTION 30-22 (C)2 BY DELETING THE
REFERENCE TO THE APPLICATION FEE; BY AMENDING
SECTION 30-23, "REZONING REQUESTS", BY AMENDING
SUBSECTION 30-23 (B)i TO DELETE REFERENCE TO THE
APPLICATION FEE; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE ·
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That a new Section 30-3, "Land Development Appli-
cation Fees", of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby enacted to read as follow:
30-3 Land Development Application Fees
Type of Development ADDlication Fees
A) Site Plan Approval $ 500 plus $100 per acre for
1st 20 acres plus $25
per acre for area in
excess of 20 acres
B) Conditional Use Approval 350
C) Land Use Plan Amendment 1000
D) Rezoning 750
E) Preliminary Plat 300 plus $80 per acre f~r
1st 20 acres plus $20
per acre for area in
excess of 20 acres
F) Final Plat 400 plus $100 per acre for
1st 20 acres plus $25
per area in excess of 20
acres
G) Abandonment 300
Annexation No Charge
I) Water Service Agreement No Charge; however, if site
plan approval required, see
above
J) Site Plan Modification (Minor) 400
K) Site Plan Modification (Non- 150
Impacting)
L) Sketch Plan/Preliminary Site 400
Plan Approval
~ That subsection 30-21 (C), "Procedures", paragraph
(2) of the Code of Ordinances of the City of Delray Beach, Florida, be
in the same is hereby amended to read as follows:
(2) The owner shall submit an application to the Planning
Director, on forms prescribed by the Director. Designation of
a person other than the owner to sign the application shall be
in writing and attached to the application. Each application
shall be accompanied by a the application fee
Section 3. That subsection 30-21 (F), "Modification of
Approved Conditional Use," of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(F) Modification of Approved Conditional
No change or modification shall be made to an approved condi-
tional use unless application therefore has been made, and the
modification approved.
Application for approval shall be made to the Planning and
Zoning Board through the Planning Director; provided that the
Planning Director shall approve non-impacting changes as set
forth in this subsection. The Planning Director shall deter-
mine whether the proposed modification is (1) non-impacting,
or (2) major or minor. In determining whether a proposed
modification is (1) non-impacting, or (2) major or minor, the
Planning Director shall apply the standards set forth in
Section 30-21(D). If there is no obvious effect on the
approved conditional use, and no impact on adjacent and nearby
properties, including no adverse aesthetic impact when viewed
from a public right-of-way, then the Planning Director shall
approve the proposed change as a non-impacting modification.
The Planning Director's decision regarding a non-impacting
modification to an approved conditional use shall be final
unless appealed.
Any person aggrieved by the decision of the Planning Director
that the proposed modification is non-impacting may appeal
that the decision to the Planning and Zoning Board. The
appeal shall be submitted in writing to the Planning Director
no later than ten (10) days after his or her final decision.
Said appeal shall be treated by the Planning and Zoning Board
as an application for a major or minor modification.
On any request or appeal for a modification to an approved
conditional use coming before the Planning and Zoning Board,
the Planning and Zoning Board shall review the request or
appeal, and determine whether the proposed modification is a
major or minor change. In evaluating the proposal; the
Planning and Zoning shall apply the standards set forth in
Section 30-21(D). If the approved conditional use would be
significantly changed in terms of these standards, then the
proposal shall be deemed major, and be required to go through
the application, review, and approval process as for an
2 Ord. No. 138-85
original conditional application. If the Planning and Zoning
Board determines that the proposal would not significantly
change the approved conditional use in terms of these same
standards, then the Planning and Zoning Board shall either
approve, approve with conditions, or deny the requested change
as a minor modification. The Planning and Zoning Board's
decision regarding a minor modification to an approved condi-
tional use shall be final unless appealed.
Any person aggrieved by a decision of the Planning and Zoning
Board regarding minor modifications to the approved condition-
al use may appeal said decision to the City Council; provided
that said appeal is in writing submitted to, and received by
the City Manager or his designee within ten (10) days of the
final decision of the Planning and Zoning Board.
~he-seme-es-~he~-~e~-an-e~g~ne~-epp~ee~en~
~ That subsection 30-22(C), 'Procedures', paragraph
(2) of the Code of Ordinances of the City of Delray Beach, Florida, be
and the same is hereby amended to read as follows:
(2) An application shall be submitted to the Planning Direc-
tor, on forms prescribed by the Director. Designation of
a person other than the owner to sign the application
shall be in writing and attached to the application.
Each application shall accompanied
be by e the applica-
tion fee e~---~-~ee---4~~----~34)~--~~,
o~--~h~.ee-~-~ee+--6o-l~-~~-~e-~..~-:L-,~-e~
~e~eey-~eeeh~
~ That subsection 30-23(B) "Procedures' paragraph
(1) of the Code of Ordinances of the City of Delray Beach, Florida, be
and the same is hereby amended to read as follows:
(1) The owner shall submit an application to the Planning
Director on forms prescribed by the Director. Designa-
tion of a person other than the owner to sign the appli-
cation shall be in writing and attached to the applica-
tion. Each application shall be accompanied by e the
~ fee .
~ That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
~ That should any section or provision of this
Ordinance any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~ That this ordinance shall become effective immedi-
ately upon passage on second and final reading but shall be applicable
to all applications made after December 3, 1985.
3 Ord. No. 138-85
PASSED AND ADOPTED in reqular session on second_ and final
reading on the 17th day of DEcember
, 1987 .
ATTE ST:
Cit~TCle rk
First Reading December 3, 1985
Second Reading December 17., 1985
4 Ord, No. 138-85